Somayya, J.

1. This case raises a very important question whether the widow of a deceased member of a Hindu joint family can make a valid adoption to her husband with the consent of the divided sapindas when there is only one coparcener alive who by reason of mental infirmity is not in a position to give or withhold his consent. Plaintiff had a brother Sethuramalingam Pillai who died on 6th January, 1926 leaving two widows, defendants 1 and 2 and a daughter the third defendant. At that time the father of the plaintiff and Sethuramalingam Pillai was alive and he died in July, 1926 leaving a widow the sixth defendant in the suit. Defendants 1 and 2 adopted the fourth defendant with the consent of certain divided sapindas of their husband on the 11th December, 1930. At that time, it is common ground that the plaintiff was suffering from some mental infirmity. Paragraph 8 of the plaint states that from the beginning of the year, 1926, the plaintiff was not in a sound state of mind and paragraph 10 states that since the beginning of the year 1931 the plaintiff completely recovered from the unsound state of mind from which he had been suffering for about five years. The trial Cour